Padmanav Pradhan And Ors. vs State Of Orissa And Ors. on 30 July, 1971
4. The first question for consideration is whether Sections 3, 5 and 6 of the Act are hit by Article 14 of the Constitution. In 35 Cut LT 1304 = (AIR 1970 Orissa 189). (Brahmananda Sahu v. State of Orissa) Section 6 of the Act was struck down as being violative of Article 14 of the Constitution. It was said in that case that it entirely lay within the discretion of the State Government to take a proceeding for eviction either under the Act or through courts. There was nothing in the Act to control the Collector's discretion as to why some would be evicted through court and others through the procedure prescribed under the Act. The exercise of the discretion was wholly unguided and there was no rational nexus between the classifications sought to be made and the object of the Act.